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Reasons
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(영문) 서울중앙지방법원 2019.01.30 2018고단7378
장물보관
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A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around October 30, 2018, the Defendant received a bill from a Chinese-friendly B, who became aware of at least 10 billion won in the Republic of Korea, to the effect that “the Defendant will offer KRW 10,000 won in return for the custody of the chips after changing the chips from cash at a casino,” from a Chinese-friendly B, who received at around 12:00 won in the same day, to exchange the said chips with the chips at the casino, and then sent B [E] around 19:00, at around 12:00 on the same day, B received at KRW 10 billion in the face value of 10 billion in cash from the victim F, and then exchanged the said chips with the above chips at KRW 2,00,000 in the face value of 1 billion in the face value of 1.0 billion in the face value of chips at the branch of G Bank, and then exchanged the said chips at KRW 2,000,00,000.

Accordingly, the defendant kept ten copies of the above check with knowledge that it is stolen.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Statement made by the police of the F;

1. Each police interrogation protocol against K, L, and J;

1. Each police protocol of statement against M and N;

1. Application of Acts and subordinate statutes to investigation reports (D Casino statement of DrumrO);

1. Relevant Article 362 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. According to each evidence of the judgment below, including the statement of the victim F with investigation agency for the conviction of Article 62(1) of the Criminal Act, B, stating that “The victim will exchange 10 billion won in cash with the victim’s KRW 15 billion,” is a false statement to the effect that “The victim will exchange 15 billion in cash.”

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